HomeMy WebLinkAboutrda min 1991/10/22 MINI3TES OF A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY
OF THE Cl 1¥ OF CHULA VISTA
Tuesday, October 22, 1991. Council Chambers
9:23 p.m. Public Services Building
1. CALL THE ROLL:
PRESENT: Members Grasser Horton, Malcolm, Moore, Rindone and Chairman Nader.
ALSO PRESENT: John D. Goss, Director; Bruce M. Boogaard, Agency Attorney; and Beverly
/k Authelet, City Clerk
2. APPROVAL OF MINLrrEs: None submitted.
CONSENT CAT.~NDAR
CON.SENT CAI JiNDAR OFFI/RED BY GHAIRMAN NADER, r~ading of text was waived, passed and approved
3. WRII I'EN COMMUNIGATIONS: None.
4. RESOLUTION 1206 APPROVING AGREEMENT WITH SHEPPARD, MUIAIN RICHTER AND
HAMPTON FOR LEGAL SERVICES RELATED TO VAPdOUS REDEVELOPMENT PROJECTS, APPROPRIATING
FUNDS THEREFOR, AND LOANING APPROPRIATED FROM BAYFRONT/TOWN CENTRE I TO TOWN
CENTRE Il - The Agency needs specialized legal services on complex issues in progress. Sheppard, Mullin,
RIchter and Hampton, specifically Marcia Scully, Esq., has been providing those services, but funds and
contract authority have expired. Staff recommends that the Agency adopt the resolution approving
agreement with Sheppard, Mullin, Richter and Hampton for legal services related to various redevelopment
projects and appropriate funds therefor. (4/Sths vote ~ Continued fi'om meeting of October 17,
1991.
* * END OF CONSENT CAIJiNI)AR * *
PUBLIC HEARINGS
5. PUBLIC HEARING CONSIDERING ISSUANCI! OF LAND USE PERMIT TO ALLOW A DANCE
STUDIO AT 264 LANDIS AVENUE - Staff recommends that the Agency conduct the public hearing, consider
public testimony on the permit, and adopt the resolutions.
A. RESOLUTION 1209 ADOPTING NEGATIVE DECLARATION IS-91-37, MAKING CERTAIN
FINDINGS AND GRANTING A LAND USE PERMIT TO MR. TADEUSZ PIEKNIK AND MRS. JEANE'iTE
P1EKNIK FOR THE LOCATION OF A CLASSICAL BAI.I.~T STUDIO AT TI-IF, IR PROPOSED BUILDING AT 264
Minutes
October 22, 1991
Page 2
LANDIS AVF2qDE - Mr. Tadeusz and Mrs. Jeanette Pieknik are proposing to develop a commercial building
on the parcel located at 264 Landis Avenue. The project consists of the construction of a two-story 7900
square foot building which will be used as a classical ballet studio on the second floor and professional
offices on the first floor. While the office use is generally allowed in this area, a dance studio use requires
the issuance of a Land Use Permit. The Environmental Review Goordinator reviewed the project and issued
a Mitigated Negative Declaration. Staff recommends that the Agency adopt the resolution adopting
Mitigated Negative Declaration IS-91-37, making certain findings, and granting a Land Use Permit to Mr.
Tadeusz and Mrs. Jeanette Pieknik for the location of a classical ballet studio at their proposed building at
264 Landis Avenue.
B. I1ESOLUTION 1210 APPROVIlqG PLANS AND F. JqTF_211NG INTO AN OWI~me~R PARTICIPATION
AGREEMENT WITH IVIR_ TADEUSZ AND MRS. JEANE t 1~. PIEKNIK FOR THE CONb-IRUCTION OF A TWO-
STORY, 7900 SQUARE FOOT COIVllVIER(XAL BUILDING WIllqlN THE TOWN CENTER I REDEVELOPMENT
PROJECT AREA - Staff is coming to the Agency for approval of the development plans and the Owner
Participation Agreement. The Design Review Committee has reviewed the proposal and has recommended
approval of the project subject to conditions listed in Exhibit B of the OPA_ Staff is recommending that
Agency approve plans and enter into the Owner Participation Agreement as presented by staff subject to
conditions listed in Exhibit B of the OPA.
Pamela Buchan, Senior Community Development Specialist, stated Mr. and Mrs. Pieknik, the owners of the
project, are in agreement with staff recommendations as to the conditions of approval for the dance studio.
One objection the owners had was that one of the sections in the Owner Participation Agreement, which
related to furore arbitration in case of a dispute as far as the condition of the site, stated that the City
Manager would be the arbitrator. The Piekniks viewed the City Manager as a non-neutral person and they
would like to see another more neutral person appointed.
Chairman Nader stated that in a typical arbiu-ation what happened was that each party got to appoint one
arbitrator. Those two arbitrators got together and appointed a third arbitrator that was presumably neutral
and mutually agreeable to the others who could cast a swing vote if the other two couldn't come to an
agreement. He asked what would be wrong with that kind of a procedure here.
Bruce Boogaard, Agency Attorney, stated that in his judgement that would be too expensive and
cumbersome.
Member Malcolm stated that Mrs. Pieknik had been a business woman in Ghula Vista for a long time. She
kept her prior properties up and he didn't expect her to do anything else.
This being the time and place as advertised, the public hearing was declared open.
Jeanette Pieknik, 72 F Street, Chula Vista, GA, stated that she had an objection to a section of the Owner
Participation Agreement. She said she objected to paragraph 8 in sub-section C relating to arbitration which
was not included in the original agreement. She said she didn't feel right by having just one member of the
City making a final decision and would like to have a neutral party.
Member Malcolm asked if she would be agreeable to having the Redevelopment Agency become the
arbitrator.
Mrs. Pieknik stated she would agree to that.
There being no further public testimony, the public h~ating was declared closed.
Minutes
October 22, 1991
Page 3
RESOLUTIONS 1209 & 1210 OI'~'I:;RED BY MF3~ER MOORE, reading of the text was waived, passed and
approved unanimously.
ORAL COMML1NICATIONS
None
ACTION ITEMS
None submitted.
OTHER BUSINESS
6. DIRECTOR'S REPORT - None
7. CHAIRMAN'S REPORT - None
8. MEMBERS' COMMENTS - None
ADJO~
Adjourned at 9:38 p.m.
The Redevelopment Agency met in a closed session at 9:39 p.m. to discuss:
Potential acquisition of Bayfront property (103 acres), Chula Vista Investors, pursuant to
Government Code Section 54956.8 and potential disposition of Redevelopment-owned properties in
the Bayfi-ont ProjectArea (Assessor's Parcel Numbers 567-010-4, 567-010-18, 578-010-19, 565-310-9,
and 565-310-25) pursuant to Government Code Section 54956.8.
Adjourned at 10:OS p.m. to a Special Meeting of the Redevelopment Agency on November 7, 1991 at 4:00
p.m. in the Gity Council Chambers
Respectfully submitted,
BEVERLY A. A~LET, CMG, City Glerk
c~la-~. G~, ~ckl(inis trati~cr e tary